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(영문) 광주지방법원 2020.06.02 2020고단599
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person engaged in dump truck driving.

On July 19, 2019, the Defendant driven a dump truck on the 07:25th day of July, 2019, and proceeded at a speed of about 75.8km or speed of 77.9km at a speed of about 75.9km or speed of 7.9km in the direction of the dump road in front of the C village at the high-end distance.

At the time, there was a motorcycle to cross the road, so the defendant engaged in driving service had a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering gear.

Nevertheless, by negligence, the Defendant neglected to do so and proceeded along the road along the C Village bus stops from the C Village, and found the victim D (the 79-year-old ECORT 110 motorcycles to the left side to avoid this, but the above dump truck was cut off on the side of the said dump truck because it did not reach this point. Ultimately, the Defendant suffered by negligence on the part of the victim, the left side, which requires treatment between approximately 6 weeks, from the left side of the road.

2. The facts charged in this case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, which cannot be prosecuted against the express will of the victim under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, since the victim D expressed his/her intention not to punish the defendant through the written agreement dated March 20, 2020, which was after the prosecution of this case, the above indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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